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Legal Aid Applications

Dáil Éireann Debate, Wednesday - 25 September 2013

Wednesday, 25 September 2013

Questions (153)

Seán Kyne

Question:

153. Deputy Seán Kyne asked the Minister for Justice and Equality if support to address the cost of legal fees is available or will be made available in cases where grandparents seek to become party to proceedings regarding children and State care. [40021/13]

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Written answers

I wish to inform the Deputy that I have no function or responsibility in relation to the matter raised. Under the terms of the Civil Legal Aid Act 1995, as passed by the Oireachtas, the Legal Aid Board is independent in the operation of its functions and decisions on individual cases are a matter for the Board.

However, to be of assistance I have contacted the Legal Aid Board for the information requested by the Deputy.

I am informed by the Legal Aid Board that any person who has an interest in or is a party to public law proceedings involving the welfare of children can seek legal services from the Legal Aid Board and should be able to access those services, subject to them meeting the financial eligibility criteria. I understand there is no specific provision that specifically enables a grandparent to become a party to Health Service Executive instituted child care proceedings. However, Section 37 of the Child Care Act 1991 does provide, inter alia:

"(1) Where a child is in the care of the Health Service Executive whether by virtue of an order under Part III or IV or otherwise, the Executive shall, subject to the provisions of this Act, facilitate reasonable access to the child by his parents, any person acting in loco parentis, or any other person who, in the opinion of the Executive, has a bona fide interest in the child and such access may include allowing the child to reside temporarily with any such person.

(2) Any person who is dissatisfied with arrangements made by the Health Service Executive.......may apply to the court....."

Furthermore Section 47 of the same Act provides as follows:

"Where a child is in the care of the Health Service Executive, the District Court may, of its own motion or on the application of any person, give such directions and make such order on any question affecting the welfare of the child as it thinks proper and may vary or discharge any such direction or order."

In that context, it is open to the grandparents of a child, who is subject to child care proceedings, to make an application on foot of one of these sections. The applicants should be eligible for legal advice and possibly legal aid (representation) if they meet the financial eligibility criteria.

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